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Home My WebLink AboutBill No. 36-16 Bartlett Triplex Rezoneawls "Imp- LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 July 6, 2016 South Bend Common Council 4th Floor, County -City Building South Bend; IN 46601 RE: 202 Bartlett Street Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 11, 2016 Council meeting, and set it for public hearing at your August 22, 2016. Council meeting. The petition is tentatively scheduled for public hearing at the August 16, 2016 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, ae4l�� Planner Filed in Cleric's Office JUL 06 2016 KAREEIMAH FOWLER CITY CLERK, SOUTH BEND, II I CC: Kathy Cekanski- Farrand SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E P H C O U N T Y INDIANA. CC M/ A R E A P L A N LAWRENCE P. MAGLIOZZI E: \I('ll �I -I \'I� 111111 ('l "1111 Angela M. Smith Dope,,! D1— (,.1 AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN 217 W. JFFPF:RSON BLVD,, ROOM 1140 COl1NTY�C'I'I-Y BUILDING, SOU'l-11 BFNII, INDIANA 4 660 1 (S74)1IS -9571 Wednesday, August 17, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 Revised RE: A public hearing on a proposed ordinance of Justin Bogunia to zone from SF2 Single Family & Two Family District to_MF1 Urban Corridor Multifamily District, property located at 202 Bartlett Street, City of South Bend - APC# 2789 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Justin Bogunia was legally advertised on August 4, 2016 and that the Area Plan Commission at its public hearing on August 16, 2016 took the following action: Upon a motion by Gerry Phipps, being seconded by Elizabeth Maradik and unanimously carried, a proposed ordinance of Justin Bogunia to zone from S172 Single Family & Two Family District to MF 1 Urban Corridor Multifamily District, property located at 202 Bartlett Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation subject to the following Written Commitment: the multi family dwelling is limited to three units. Rezoning this site to MF1 Urban Corridor Multifamily District will allow for a mixture of housing types in the neighborhood and enable for the reuse of a vacant structure. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: Justin Bogunia Filed in Clerk's Office AUG 17 2016 KARELEIVIA ;-1 FOWLER C1TY CLERK, SOi,1TEi BEN 2, IN SERVING ST. )OSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W S T 1 0 S E P H C 0 U N T T 1 N 0 1 AN A.0 0 H! A 4 E A P 1 A N t4o IDA LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 August 17, 2016 South Bend Common Council 4'h Floor, County -City Building South Bend, IN 46601 RE: Bill # 36 -16 Rezoning: APC# 2789 -16 - 202 Bartlett Street Dear Council Members: The Area Plan Commission held a public hearing on August 16, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, August 22, 2016. Ordinance & Petition Amendments: The following changes have been made to the above referenced petition: Ordinance: 1.) Section II was added to reflect the Written Commitment. A Copy of the revised Ordinance is attached. Public Hearing Summary: There was 1 person that spoke in favor and 2 in opposition to the proposed rezoning. • Catherine Hostetler has been working with the petitioner to fix up the site. She stated that the 1932 Assessor's card shows the house as 3 units. She commented that the lot is small and tight for landscaping. Also, there is on street parking/ permitted parking available and it shouldn't be a problem once construction is complete. The house would be difficult to transform back to single family and would have to be gutted in order to do so. • Michele Gelfman, President of the Riverbend Historic District, stated that the variances would cause problems. Parking is an issue in the neighborhood. She stated that the home has been sited 25 times in the past 1 1/2 years and is concerned about property values. • Gloria Wolvos stated that she is concerned about the parking issue in the neighborhood. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E P H C O U N T Y INDIANA. CO M /AREA PLAN If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, ae4a�� Planner CC: Kathleen. Cekanski - Farrand SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . S T J O S E P H C 0 U N T Y I N D IAN A. C 0 M/ A REAP LAN PETITION FOR ZONE MAP AMENDMENT Ciiy o South Bend, Indiana I iwel the under4doned■ mdse annHention try the City of Smith Remd C nmmon Conneil to nmend the 7oninA ordinance as- herein requested._ 202 Bartlett St. South Bend, IN 46601 2) The property Tax Key Number(s) is/are: 018- 1007 -0238 3) Legal Descriptions: Lot numbered thirty -five (35) as shown on the recorded plat of Hammond and Whitcomb's addition to the city of South Bend, IN St. Joseph County, Indiana, excepting therefrom 52 1/2 feet off of the south end thereof. Parcel ID No.: 71- 08 -01- 327 - 001.000 -026 4) Total Site Area: 0.06 Acres 5) Name and address of property owner(s) of the petition site: .Tustin Bogunia 22977 Quinn Rd Lakeville, IN 46536 574 -850 -6308 justinfbl @live.com Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Fi 's Office Name Address 2016 City, State Zip Code Phone number w ith Area Code OWLER E -Mail Address TH BEND, IN Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From:: Choose current zoning district SF2 Single Family Two Family District To: MF1 Urban Corridor Multifamily District 8) This rezoning is requested to allow the following use(s): Triplex, 3 unit rental property IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) From the minumum parking 6 spaces to 0 From the required foundation landscaping to none on the west sideof the property. From the required landscaping to 2 ornamental trees on the north perimeter. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: These variances will not negatively affect the community. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and'. Adding the landscaping and using the .street parking will not affect the adjacent property adversly. There is adequate parking on the street. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: This property is restricted by the structure that currently exists on it. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): ,1) A. detailed description and purpose of the Special Exception. Use(s) being requested: N/A 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Insert text (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Insert text (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Insert text (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Insert text * In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition.. CONTACT PERSON: Justin Bogunia 22977 Quinn Rd Lakeville, IN 46536 574- 850 -6308 justinjbl@live.com BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - �anr :T A a-rr A IT ;s r �,. nrrs rawlzac-r aasraE r Xlf � v .. .siY- a' -_Er -- �.a s -F +r .az a.. a. r_ it __rar.r.z..r .. rs�FF c z. e-_. s rs.i: r •.-`v_ e.a.'na REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL wNIs 7' I r %.s ys[>,. A,I'VY AINEf,viA 11:ic,�`I Ill. iicn i:1rmir'l +c, S;rt—Iiirr (cl of all nrnnPrfir nxxm —(cl nr c;—ti— of A ttn rnaxr fnr a�1 nrn nP rtxr nix, Pr(C I• ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 202 BARTLETT STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property to allow a tri -plex rental property NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot numbered 35 as shown on the recorded plat of Hammond and Whitcomb's addition to the city of South Bend, St. Joseph County, Indiana, excepting there from 521/2 feet off of the south end thereof be and the same is hereby established as MF1 Urban Corridor Multifamily District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of , 2 , at o'clock . M. Mayor, City of South Bend, Indiana Filed in Clerk's C{3ce AUG 17 2016 C9TY C-_LERC, SOUTH 8EN -D, !N� Staff Report APC # 2789 -16 Owner: Justin Bogunia Location: 202 Bartlett Street Jurisdiction: City of South Bend Public Hearing Date: 8/16/2016 Requested Action: Filed in Clerk's Office AN 1.7 2016 KAREEMAH FOWLER CITY CLERK, SOATH BEN09 IN l 8/5/2016 The petitioner is requesting a zone change from S172 Single Family & Two Family District to MFl Urban Corridor Multifamily District and seeking three variances from the development standards. Land Uses and Zoning: On site: On site is a house zoned SF2 Single Family & Two Family District. North: To the north across Bartlett Street is Leeper Park zoned SF2 Single Family & Two Family District. East: To the east is a doctor's office zoned SF2 Single Family & Two family District. South: To the south is a single family house zoned SF2 Single Family & Two Family District. West: To the west across St. Joseph Street is a parking lot zoned CBD Central Business District. District Uses and Development Standards: The MF l District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of. multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: On site is a 2,500 square foot, two story home located on .06 acres. The large residential structure occupies the majority of the site. Zoning and Land Use History And Trends: This property was zoned single family residential prior to 1987. Traffic and Transportation Considerations: St. Joseph Street and Bartlett Street have two lanes with on- street parking. Utilities: This site is served by municipal water and sewer. Agency Comments: The Department of Community Investment offers a favorable recommendation and APC # 2789 -16 Page 1 of 3 Staff Report 8/5/2016 commented that to ease any neighborhood concerns about the potential number of units on site in the future, the petitioner may wish to offer a written commitment limiting the number of units to three. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006), Objective H 1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: This home is located within a historic district near Memorial Hospital. The majority of homes in the area are larger homes located on small lots. 3. Most Desirable Use: The most desirable use is residential. 4. Conservation of Property Values: Because of the medium density character of the area, a tri -plex should not negatively affect surrounding property values. 5. Responsible Development And Growth: It is responsible development and growth to maintain and preserve the area as residential. Combined Public Hearing This is a combined public hearing procedure, which includes a rezoning and three variances from the development standards. The Commission will forward the rezoning to the council with or without a recommendation and either approve or deny the variances. The petitioner is seeking the following variance(s): 1) from the required landscaping of the required perimeter yards to none on the South, East, and West sides of the property, 2) from the required foundation landscaping to none on the West side of the property; and 3) from the required minimum 6 required off - street parking spaces to none State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: APC # 2789 -16 Page 2 of 3 _Staff Report 8/5/2016 (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; Due to existing landscaping and the availability of on street parking, the variances should not be injurious to the public health, safety, morals and general welfare. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; The house has existed in its current state for many years. Legalizing the use as a three unit structure should not adversely affect adjacent properties. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Due to the small size of the lot and the large size of the home, strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Staff Comments: The staff has no additional comments. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the common council with a favorable recommendation. The staff recommends approval of the variances. Analysis: Rezoning this site to MFl Urban Corridor Multifamily District will allow for a mixture of housing types in the neighborhood and enable for the reuse of a vacant structure. APC # 2789 -16 Page 3 of 3 t O � t s !r1•' t 1 �: l _ — _ate_ Y�� i r v SRI -J AMMM- fra IL �1 t ; �s �._ ➢ r_ �S. -- 1p ®G `- � `'� -- _ _.� �� .rte -�., - 41 -�a � r Z z` - tj oil FINAL i �. �_1? f� II2i — � � !– � p`;- r _1 _ _ _ _ _ � [sue _ • -}+ s — 1LT bt 1 WV rAm DLL1f%D Mill TTC• A 1 SIF: Ark• ?.r g�12 b t PSJ:IL�tt. � s' cl p 2 !MV -l6 t Soo o° lills. Q 7 t" w _ to —0`030 3 =_ t � 1 .� I !MV -l6 t x t" c t 7 !MV -l6 x t" !MV -l6